Nos. 87-7023, 87-7024.

857 F.2d 823 (1988)

Carita RICHARDSON, Infant, by S. & E. RICHARDSON, Guardians, et al., Appellants, v. RICHARDSON-MERRELL, INC., a Delaware Corporation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 27, 1988.

Attorney(s) appearing for the Case

Barry J. Nace, with whom Thomas H. Tate, Lynn S. Spradley, Irving R.M. Panzer and Timothy D. Junkin, Washington, D.C., were on the brief, for appellants.

Mark L. Austrian, with whom John B. Williams and Frederick D. Baker, Washington, D.C., were on the brief, for appellee.

Geoffrey R.W. Smith and Bruce J. Brennan, Washington, D.C., were on the brief for Pharmaceutical Mfrs. Ass'n, amicus curiae, urging affirmance.

Before ROBINSON, SILBERMAN and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge Spottswood W. ROBINSON.


Carita Richardson and her parents brought an action in the District Court alleging that her congential limb defects resulted from ingestion of Bendectin by her mother, Etheleen, during her pregnancy. At the time, Bendectin, an anti-nausient drug, was manufactured by Richardson-Merrell, Inc., which since has been succeeded by Merrell-Dow Pharmaceuticals...

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